DOMICILE - GENERAL


Domicile itself is a concept of general law, not taxation law, and is not easily defined. Broadly speaking it relates to where an individual “belongs” – it is not necessarily identical to either nationality or citizenship, and the place of residence is relatively unimportant. Many people have lived their entire lives in the UK without acquiring a UK domicile.

While difficult to define, domicile is more straightforward to illustrate. A child acquires a domicile at birth, based upon the domicile of his father. (If the father’s identity is unknown, the mother’s domicile is used). This is referred to as a domicile of origin.

Should the father’s domicile change for any reason during the child’s minority, the child will acquire a new domicile to match the father’s new domicile. This is termed a domicile of dependency.

Where a woman married prior to 1 January 1974, she acquired her husband’s domicile as a domicile of dependency. This somewhat sexist rule was abolished for marriages taking place after that date, but still affects a large number of people.

Domiciles of origin and dependency are remarkably tenacious – it is incredibly difficult to lose such a domicile. Only by irrevocably severing all ties with the country of original domicile, and by establishing firm and permanent ties in a new country, can an individual acquire a new domicile of choice.

By contrast, a domicile of choice can be remarkably fragile. If an individual reacquires domestic, social or business ties with “the old country”, or weakens his ties with the new, he may find himself reverting to the previous domicile.

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Income Tax Consequences

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